By Melanie S. Bailey, Burg Simpson Shareholder
Sixth Circuit Court Of Appeals Upholds Trial Verdict In Favor Of Employees For Violations Of The Fair Labor Standards Act
On April 29, 2019, the Sixth Circuit Court of Appeals affirmed a district court bench trial in favor of Wyndham employees who brought a collective class action on behalf of more than 140 employees alleging the company violated the Fair Labor Standards Act (FLSA) by failing to compensate them for overtime. The Court of Appeals confirmed that Wyndham employees who worked in front-line sales and in-house sales at four different destinations in Tennessee were permitted to present their claims of liability and damages for failure to pay overtime based on representative evidence.
Although at trial plaintiffs presented testimony from only 43 of the class members, the court found that representative evidence could be used to prove liability for both testifying and non-testifying employees as similarly situated employees could testify as representatives of one another. Plaintiffs were able to show that Wyndham systematically executed a policy to avoid paying overtime to all the employees in the FLSA collective class action. For more specific information, the case is Pierce v. Wyndham Vacation Resorts, Inc., 18-5258 (6th Cir., April 29, 2019).
If you feel you are not being properly paid for the hours you have worked, it is important you get in touch with our workplace lawyers at Burg Simpson in Cincinnati so we can fight to ensure you are paid for what you are owed. Call us at 513-852-5600 or fill out our Free Case Evaluation Form Here.